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A Look At The French Enforcement Action Against Airbus

airbus

Previous posts here and here looked at the U.S. Foreign Corrupt Practices Act enforcement action against Airbus.

This previous post looked at the U.K. Bribery Act enforcement action against Airbus.

This post completes the enforcement trilogy, bylooking at the French enforcement action against Airbus.

Like the prior U.S. and U.K. bribery enforcement action, the French enforcement action against Airbus (see here for the Judicial Public Interest Agreement) focused on the use of business partners in connection with sales or attempted sales in various countries.

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From The Archives – U.S. Congressman Alleges Bribery at Airbus

archives

In late January, law enforcement agencies in France, the United Kingdom and the U.S. announced a major bribery enforcement action against Airbus. (See here, here and here for prior posts). The conduct at issue generally focused on use of third parties by Airbus to corruptly obtain business in numerous countries around the world.

In light of the recent Airbus enforcement actions, today’s post republishes this December 11, 2009 FCPA Professor post which highlighted how U.S. Representative Todd Tiahrt (R-Kan) (whose jurisdiction had a large Boeing presence) alleged that Airbus was engaged in bribery around the world.

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DOJ “Piles On” Airbus And Other Issues To Consider

piling

Prior posts here and here went in-depth into the recent $294 million Foreign Corrupt Practices Act enforcement action against Airbus as well as the United Kingdom’s prosecution of the company.

This post continues the analysis by highlighting additional issues to consider.

“Piling On”

As highlighted in this prior post, in 2018 the DOJ announced a non-binding policy discouraging “piling on” by instructing DOJ “components to appropriately coordinate with one another and with other enforcement agencies in imposing multiple penalties on a company in relation to investigations of the same misconduct.”

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Friday Roundup

Roundup

Odebrecht’s plea agreement and obligations extended, scrutiny alerts, victims, and spot on. It’s all here in the Friday roundup.

Odebrecht

As highlighted in this prior post, in December 2016 Odebrecht (a Brazilian holding company) and Braskem (a related entity) resolved a high-profile FCPA enforcement action. Odebrecht was criminally charged with conspiracy to violate the FCPA’s anti-bribery provisions and resolved the charges through a plea agreement.

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An In-Depth Look At The U.K. Prosecution Of Airbus

airbus

These pages have long asserted that if a country is to have a deferred prosecution regime that the regime in the United Kingdom (which requires meaningful judicial review and approval) is far more preferable than the U.S. regime.

This is apparent when reviewing the Statement of Facts,, Deferred Prosecution Agreement and Approved Judgment relevant to the U.K. Serious Fraud Office prosecution of Airbus. (See here for a collection of the U.K. documents and see here for the prior post regarding the U.S. enforcement action). The U.K. documents provided a substantially more thorough and transparent glimpse into the underlying conduct compared to the U.S. resolution documents.

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